INTERNATIONAL LABOUR OFFICE

TRADE UNION RIGHTS
IN CZECHOSLOVAKIA

Eighth and Tenth Beports of the Committee on Freedom of Association
of the Governing Body of the International Labour Office Approved by
the Governing Body on 26 June 1953 during its 122nd Session

GENEVA
1953

STUDIES AND

REPORTS

New Series, No. 37

P U B L I S H E D BY T H E INTERNATIONAL LABOUR O F F I C E
GENEVA, SWITZERLAND

Published in the United Kingdom for the INTERNATIONAL
by Staples Press Limited, London

LABOUB OITIOE

PRINTED BY " I M P B I M E B r E S P O P U L A I R E S " , GENEVA, SWITZERLAND

CONTENTS
Page
INTRODUCTION

I.

1

Eighth Report of the Committee on Freedom of Association
(Case No. 14—Complaints Presented by the International
Confederation of Free Trade Unions and by the Workers'
Group of the Governing Body of the International Labour
Office against the Government of Czechoslovakia)
Analysis of the Complaints
A. Complaint by the International Confederation of
Free Trade Unions
B. Complaint by the Workers' Group of the Governing Body of the I.L.0

II.

5
5
5
8

Text of the Main Legislative and Statutory Provisions
Relating to the Exercise of Trade Union Rights in
Czechoslovakia
Right of Association and the Single Trade Union
Organisation
Representation within the Undertaking
The Right to Strike
Communication of Complaints to the Government . . .

23
34
37
39

Conclusions

42

Tenth Report of the Committee on Freedom of Association

. .

22

43

INTRODUCTION

On 26 J u n e 1953 the Governing Body of the International
Labour Office approved unanimously, except for one abstention,
two reports of its Committee on Freedom of Association dealing
with complaints which had been presented by the International
Confederation of Free Trade Unions and b y the Workers' group
of the Governing Body of the I.L.O. against the Government of
Czechoslovakia. This approval was given in accordance with
the procedure for t h e examination of complaints containing
allegations of the infringements of the exercise of trade union rights
established by mutual agreement between the Economic and
Social Council of the United Nations and the Governing Body.
The origins and working of this procedure may be summarised
as follows.
In J a n u a r y 1950 the Governing Body, following upon discussions
with the Economic and Social Council which had taken place over
a period of nearly two years, decided to establish a Fact-Finding
and Conciliation Commission on Freedom of Association and
defined the terms of reference of the Commission. I t also decided
to communicate to the Economic and Social Council a certain
number of suggestions with a view to formulating a procedure for
making the services of the Commission available to the United
Nations.
The Economic and Social Council during its Tenth Session, on
17 February 1950, adopted a resolution in which it formally approved
the decision of the Governing Body, considering t h a t it corresponded to t h e intent of the Council's earher resolutions and t h a t
it was likely to prove a most effective way of safeguarding trade
union rights. I t also decided to accept, on behalf of t h e United
Nations, t h e services of the I.L.O. and the Fact-Finding and
Conciliation Commission as established by the I.L.O.
I n March and J u n e 1950 the Governing Body a t its 111th and
112th Sessions appointed the members of the Fact-Finding and
Conciliation Commission, who were chosen not by reason of their
nationality but exclusively on the grounds of their competence,
experience and impartiality.

2

TRADE UNION EIGHTS IN CZECHOSLOVAKIA

At the 33rd Session of the Conference (June 1950), the validity
of the action taken by the Governing Body in establishing the
Commission was called in question and the Conference adopted a
report by its Selection Committee approving and confirming the
decisions taken by the Governing Body.
I t is open to the Governing Body to refer to the Commission for
impartial examination any allegations of infringements of trade
union rights which the Governing Body, or the Conference acting
on the report of its Credentials Committee, considers it appropriate
to refer to the Commission for investigation. I t is also open to
any government against which an allegation of infringement of
trade union rights is made to refer such an allegation to the Commission for investigation. The Commission is essentially a factfinding body, b u t is authorised to discuss situations referred to it
for investigation with the government concerned with a view to
securing the adjustment of difficulties by agreement.
The only complaints receivable, with the exception of those
officially transmitted to the I.L.O. by t h e General Assembly or
t h e Economic a n d Social Council of the United Nations, are those
which come either from organisations of workers or employers or
from governments.
All allegations regarding infringements of trade union rights
received by the United Nations from governments or trade union
or employers' organisations against I.L.O. Member States are transmitted by the Economic and Social Council to the Governing Body
of the International Labour Office.
With the exception of cases covered by Article 26 of the I.L.O.
Constitution, which it will be recalled relates to the supervision and
application of Conventions ratified by a Member State, no complaint can be referred to the Commission without t h e consent of
t h e government concerned. If the Governing Body is of the
opinion t h a t a complaint should be investigated it must first seek
the consent of t h e government concerned. If such consent is not
forthcoming, the Governing Body has to give consideration to such
refusal with a view to taking any appropriate alternative action
designed to safeguard the rights relating to freedom of association involved in the case, including measures to give full publicity to charges made, together with any comments of the government concerned, and to t h a t government's refusal to co-operate
in ascertaining t h e facts and in any measures of conciliation.
In November 1951 the Governing Body set up a Committee
on Freedom of Association, consisting of nine regular members,

INTRODUCTION

3

to carry out the preliminary examination of complaints previously
entrusted to the Officers of the Governing Body. Nine substitute
members were also appointed. I t also decided t h a t any member
of the Committee who was a representative or national of the State
against which a representation h a d been made, or was a person
occupying an official position in the national association of employers or workers which had made the representation, should be
disqualified from participating in the Committee when it was
considering cases in which they were concerned. Finally, the
Governing Body decided t h a t the Director-General should communicate all allegations to governments as soon as they were
received unless he considered t h a t there were special circumstances
which made it desirable to refer a matter in the first instance to
the Committee.
The Committee (after preliminary examination, including the
consideration of any observations made b y the governments
concerned, if received within a reasonable period of time) would
be expected to report to the next session of the Governing Body
t h a t a case does not call for further examination if the Committee
finds, for example, t h a t the alleged facts, if proved, would not
constitute an infringement of the exercise of trade union rights,
or t h a t the allegations made are so purely political in character
t h a t it is undesirable to pursue the matter further, or t h a t the
allegations made are too vague to permit a consideration of the
case on its merits, or t h a t the complainant has not offered sufficient
evidence to justify reference of the matter to the Fact-Finding
and Conciliation Commission. 1
When the Committee, after such preliminary examination,
concludes that a case warrants further examination, it shall thereupon
report this conclusion to the Governing Body for a determination
as to the desirability of attempting to secure the consent of the
government concerned to the reference of the case to the FactFinding and Conciliation Commission.
1
Even though reaching a conclusion of this kind, the Committee may
request the Governing Body to address recommendations to the governments of the States concerned inviting those governments to amend their
legislation or administrative practice with a view to bringing them more
completely into harmony with the principle of freedom of association. In
this connection several reports of the Committee on Freedom of Association
contain precise recommendations addressed by the Governing Body to
certain governments. For the first, second and third reports of the Committee, see Sixth Report of the International Labour Organisation to the
United Nations (Geneva, I.L.O., 1952), Annex V, and for the fourth, fifth
and sixth reports of the Committee, see Seventh Report of the International
Labour Organisation to the United Nations (Geneva, I.L.O., 1953), Annex V.

4

TRADE UNION BIGHTS IN CZECHOSLOVAKIA

The Committee shall submit to each session of the Governing
Body a progress report on all cases which the Governing Body has
determined warrant further examination. I n every case in which
the government against which the complaint is made has refused
consent to referral t o the Fact-Finding and Conciliation Commission or has not replied to a request for such consent, the Committee shall include in its report to the Governing Body recommendations as to the "appropriate alternative action" which the
Committee m a y believe the Governing Body might take.
I t is pursuant to the last-mentioned provision that, having
noted t h a t the Czechoslovak Government replied in the negative
t o the request addressed to it by the Governing Body a t its
121st Session in March 1953 t h a t t h e case concerning Czechoslovakia
should be referred to the Fact-Finding and Conciliation Commission, the Governing Body decided, on 26 June 1953, to give
full publicity to the Eighth and Tenth Reports of the Committee
on Freedom of Association and to bring them t o the notice of the
Economic and Social Council.
The Eighth Report of the Committee contains an analysis of
the complaints presented by t h e International Confederation of
Free Trade unions and by t h e Workers' group of the Governing
Body, cites the texts of the main legislative provisions and regulations relating to the trade union situation, refers to the various
stages in the communication of t h e complaints to the Czechoslovak
Government and to the Government's attitude of silence and
reproduces the conclusions of t h e Committee on Freedom of
Association noting t h a t the trade union organisation estabhshed
by the legislation a t present in force in Czechoslovakia is contrary
t o the principle of freedom of association contained in the Declaration of Philadelphia.
The Tenth Report of the Committee contains the text of a
telegram from the Czechoslovak Government received in Geneva
after the Committee had adopted its Eighth Report, in which
telegram the Government refuses t o recognise t h e competence of
t h e Fact-Finding and Conciliation Commission on Freedom of
Association.
The report also indicates t h a t the Committee,
considering t h a t the question of the competence of the I.L.O. in
such matters was settled by t h e International Labour Conference
when it gave a decision on this point at its 33rd Session in 1950,
maintains the recommendations which it presented in its Eighth
Report.

I
EIGHTH REPORT OF THE COMMITTEE ON FREEDOM
OF ASSOCIATION
Case No. 14
Complaints Presented by the International Confederation of Free
Trade Unions and by the Workers' Group of the Governing Body
of the International Labour Office against the Government
of Czechoslovakia
1. The Committee on Freedom of Association met at the
International Labour Office in Geneva on 1 J u n e 1953, and at the
Palais des Nations, Geneva, on 22 June 1953, under the Chairmanship of Mr. Paul Ramadier, former Chairman of the Governing
Body and formerly Prime Minister of France.
2. I t resumed its examination of Case No. 14 (Czechoslovakia),
regarding which the Governing Body had decided at its 121st Session
(Geneva, March 1953) t o seek the consent of the Czechoslovak
Government to the case being referred to t h e Fact-Finding and
Conciliation Commission. The Governing Body had also decided
t h a t the Czechoslovak Government's reply should reach it before
the beginning of its 122nd Session (29-30 May 1953).
3. The Director-General informed the Czechoslovak Government of this decision of the Governing Body in a letter dated
9 March 1953.
4. No reply to this letter having been received by 22 June
1953 from the Czechoslovak Government, the Committee decided
to submit the present report to the Governing Body.

ANALYSIS OF THE COMPLAINTS

A.

Complaint

by the International Confederation of Free
Unions

Trade

5. I n the complaint submitted b y the International Confederation of Free Trade Unions to the Economic and Social Council,

6

TRADE UNION RIGHTS IN CZECHOSLOVAKIA

and transmitted by the latter at its 12th Session (February 1951)
to the International Labour Organisation \ it is alleged t h a t various
measures taken by the Czechoslovak Government constitute a
violation of trade union rights.
6. The complainants, observing that the most essential trade
union rights are the free organisation and the free functioning of
trade unions, t h a t the purpose of these unions is the protection
of the workers in their right to form and join organisations of their
choice for settling and improving all working conditions, and that
protection is needed against t h e employer and also against government interference in the freedom of basic trade union activities,
contend t h a t in Czechoslovakia measures have been taken concerning trade union activities without consultation with the membership, in particular in connection with the abolition of the five-day
week, the functioning of works councils, recourse to forced labour
and measures to increase production.
7. With regard to the abolition of the five-day week, it is
alleged t h a t immediately after February 1948, the six-day week
was reintroduced in all enterprises as against the five-day week
formerly practised and t h a t anyone who dared to call attention to
the valid law was labelled "enemy of the régime".
8. With regard to works councils, it is contended t h a t they
have ceased to be independent—i.e., self-governing—and that
bodies of employees' representatives have become part of the new
trade union bureaucracy. The number of Communist overseers in
factories is mounting as various new commissions are continuously
being set up. Functionaries of these new commissions are released
from manual work, thus becoming officials of the works management instead of representing their fellow workers. Independent control of working conditions has been abolished.
9. With reference to the question of recourse to forced labour,
the complainants cite the following text of an actual writ served
on a Czech :

1
See U N I T E D N A T I O N S : Trade Union Rights : Allegations
regarding
Infringements
of Trade Union Rights, D o c . E / 1 8 8 2 / A d d . 1, 2 F e b . 1951,
p p . 3-5.

COMMITTEE ON FREEDOM OE ASSOCIATION : EIGHTH KEPOBT

7

District Commission No. 13 in Brno for the Direction of Persons into
Corrective Labour Camps in Pursuance of Law No. 247/48, 8 Charlotte
Masaryk Street, Brno.
No. 2149/49.
Mr. Rudolf VLK,
1 Stalin Street,
Brno.
The No. 13 District Commission of Brno for the direction of persons
to corrective labour camps, established in pursuance of Article 3 of
Law No. 247 of October 25, 1948, of the Civil Code, informs you, after
an investigation and on the basis of Article 2, No. 1, Sections (a) and (b)
of the above-mentioned law, of your assignment to a corrective camp
for a period of two years because you are politically unreliable and
a menace to the security of the people's democratic régime.
In pursuance of Article 4, the Commission has decided that your
salary will be fixed according to the law.
We inform you that our action, according to the above-mentioned
law, is not a punishment, but a means of education for work in the spirit
of the Czechoslovak Constitution.
According to your behaviour, the length of your stay in the Corrective
Labour Camp, as fixed by the Commission, may be reduced or prolonged.
You may appeal against this decision of the Commission to the
Ministry of the Interior within 15 days.
In accordance with Article 5 of the above-mentioned law, appeal
cannot delay your transfer.
(Signed) JOSEF HORAK,
President of the Commission.
10. As further evidence of recourse to forced labour, the
complainants quote the following paragraph from the Czech
trade union daily, Práce, reporting on a speech by a Communist
Member of Parliament at a meeting of the District Trade Union
Committee in Kladno :
Although the number of workers in most of the pits in the Kladno
Coal Basin has been established by the plan, we have reached only
50-60 per cent, of the planned total, the remaining workers being
recruited from military units, voluntary brigades and internees of the
corrective labour camps.
11. The complainants state t h a t in t h e Kladno Coal Basin,
prisoners working in the pits have been receiving 1 y2 crowns
(1 pound sterling equals 140 Czech crowns; 1 U.S. dollar equals
50 Czech crowns) a day, although the management of the pit
pays the administration of the forced labour camps 150 crowns
a day for every working prisoner. The administration retains
this money on the pretext t h a t it is needed to cover food and
accommodation for the prisoners and the maintenance of their
families. I n fact, the families rarely get an allowance.

8

TRADE UNION EIGHTS IN CZECHOSLOVAKIA

12. With reference to the measures resorted to by the Government in order to increase production, it is alleged t h a t a most
severe speed-up system has been introduced. The complainants
reproduce the following quotation concerning measures taken in
the mining industry :
In order to catch up on a serious deficiency in fulfilment of the fiveyear plan for coal, the Communist "trade union" decided that a 25 per
cent, rise in production would be achieved in the month of December
last by the following means :
(1) Sunday work.
(2) Three eight-hour shifts throughout the week including Saturdays.
(3) A production plan worked out on an hourly basis for every miner.
(4) A similar plan for the transport of the coal from the moment of
leaving the coal face.
(5) Each shift to carry on work right up to the moment of the next
shift taking over.
(6) An increase in the number of overseers with the creation of a special
corps of "agitators".
(7) Formation of another body of "agitators" charged with the task
of persuading miners' wives t o urge their husbands to work harder.
S.

Complaint by the Workers' Group of the Governing Body
of the I.L.O.

13. I n their communication of 5 March 1952 to the DirectorGeneral of the International Labour Office, the Workers' group
of the Governing Body presented the following additional information as a supplement t o the charges presented by the International Confederation of Free Trade Unions in their complaint
analysed above.
Bight of Association
(a)

Monopoly of the Right of Association.
14. The complainants allege that, by virtue of both constitutional and legislative provisions, a single trade union organisation
has a monopoly of the right of association.
Constitutional

Provisions.

15. Article 25 of the Constitution 1 of Czechoslovakia accords
t h e monopoly of the right of association to the "Revolutionary
Trade Union Movement".
1

See p . 23 below.

COMMITTEE OK FREEDOM OF ASSOCIATION : EIGHTH REPORT

9

Provisions of Act No. 144/1946 Concerning the United Trade Union
Organisation.
16. The same monopoly is accorded to the "Revolutionary
Trade Union Movement" by the special Act No. 144/1946 * concerning the sole trade union organisation, which stipulates—
A Hide 1. ( 1 ) The working classes of the Republic of Czechoslovakia
shall be organised into the single trade union organisation, constituted
in the form of associations including all workers, provided they be
Czechoslovak citizens, on the basis of voluntary affiliation, perfect
equality and unity... .
Article 2. The single trade union organisation above shall have the
right—
( 1 ) to regulate the organic structure of the trade union movement and, to
this end, to set up directives regarding organisation and functioning ;
(2) to create or dissolve the associations of which it is composed, their
organs and ramifications and to direct their activity.. ..
Provisions of Act No. 68/1951 Concerning
tions and Assemblies.

Voluntary

Organisa-

17. Act No. 68/1951 2 concerning voluntary organisations and
assemblies names the organisations which, henceforth, are alone
authorised to exercise the right of association (article 5). The
fate of associations which do not figure in this list is to be settled
by the Ministry of the Interior (article 9). 3
Provisions of Penal Act No. 86/1950.
18. The monopoly of the Revolutionary Trade Union Movement of the trade union organisation of the workers is further protected by Penal Act No. 86/1950 which lays down several penalties
for any attempt at unauthorised association and, indeed, for any
opposition. In this connection, the complainants cite article 80
of this Act, which provides—
Article 80. (1) Whosoever creates any organisation calculated
to undermine the independence, the constitutional unity or the territorial
integrity of the Republic, its popular democratic system or the social
order, guaranteed by the Constitution, or
Whosoever joins an organisation having such an aim or participates
in its activities, or
1
2
8

See p p . 24-25 : A c t r e s p e c t i n g t h e u n i t e d t r a d e u n i o n o r g a n i s a t i o n .
See p p . 25-27 below.
See p p . 26 a n d 27 below.

10

TRADE UNION EIGHTS IN CZECHOSLOVAKIA

Whosoever supports an organisation having such an aim, or the
members of the same, in their subversive activities, shall be punished
by loss of liberty for a period of from one to five years.
(2) The guilty party shall be punished by loss of liberty for a period
of from five to ten years ;
(a) if he has committed the offence mentioned under (1) in a time
of serious danger to the fatherland, or
(b) if there be other specially aggravating circumstances.
(3) Condemnation with deferment is excluded and, in the case
specified in (2) (a), any alleviation of the penalty is likewise excluded.1
19. The fact t h a t there is a monopoly of the workers' right
of association is sufficient to show t h a t the Revolutionary Trade
Union Movement is not a proper trade union. Does not the right
of association imply by definition the right of the workers to set
up organisations of their own choice ?2 Without it, an organisation may well include the workers, but it does not constitute their
own association ; the trade unionists would be more often than not
mere conscripts.
(b)

Supervision

of Trade Union

Activities.

20. Moreover, the complainants contend, the monopoly which
the Revolutionary Trade Union Movement exercises under the
protection of the Ministry of t h e Interior, the police and the courts,
is not the only restriction on trade union rights. That would be
too much to expect. I t is n o t difficult to see t h a t in granting
this monopoly to a single trade union organisation, t h e régime is
not inspired by disinterested motives. Could there be a better
system for the supervision of trade union activity ? I n effect this
is made clear in Act No. 68/1951 3 :
Article 4. (1 ) The State shall supervise the expansion of the organisations, create favourable conditions for their activity and growth
and ensure that their internal life develops in accordance with the
Constitution and the principles of the people's democratic régime.
(2) This assistance shall be duly provided by the people's committees : it shall be directed, as regards the general policy of the organisations, by the Ministry of the Interior and, in other matters, by the
competent central authorities, according to the aims of the different
organisations.4
1

Sbirlca Zákonú, 1950, N o . 39.
See Article 2 of C o n v e n t i o n 87 concerning freedom of association a n d
t h e p r o t e c t i o n of t h e r i g h t t o o r g a n i s e , 1948.
3
See p p . 25-27 below.
4
Sbirlca Zákonú, 1951, N o . 34.
2

COMMITTEE ON FREEDOM OE ASSOCIATION : EIGHTH REPORT

11

The Single Trade Union Organisation
(a)

Nature of the Tasks Allocated by Legislation to the Revolutionary
Trade Union Movement.

21. Legislation allocates definite tasks to the Revolutionary
Trade Union Movement, which are unquestionably important from
the point of view of the State as employer but whose affinity with
the normal activities and aims of a trade union organisation is
difficult to discover, particularly since these same tasks are normally performed by factory managers. The following, for example, are the duties assigned to the trade unions by Act No. 241/1948
within the Five-Year Plan :
Article 21. (2) The single trade union organisation, the bodies of
which it is composed and the directors of undertakings and establishments, authorities and institutions, shall by unremitting co-operation
ensure that there is an increase in the output of labour, in particular
by(a) instructing the workers in political economy;
fb) encouraging creative initiative among the workers;
(c) extending and intensifying competition in work both within and
between undertakings;
(d) systematically selecting capable workers for training for the most
responsible posts, particularly in management;
(e) fulfilling production standards and passing on to progressive
achievements ;
(f) using new methods of work ;
(g) improving the organisation of work according to the principles of
scientific management ;
(h) improving safety systems and welfare arrangements for the
workers and the sanitary equipment likewise;
(i) endeavouring to reduce absenteeism and carelessness,
so much
to be deprecated, on the part of the workers.1
22. Act No. 144/1946 concerning the single trade union organisation 2 does not forget to give prominence to this kind of duty.
Indeed, it recognises no rights of the working classes other t h a n
those which they merit by their participation in building up the
regime—
Article 1. (2) The single trade union organisation has, particularly,
the aim of combining the working classes so as to lead them towards
1
The Czechoslovalcian Five-Year Economic Plan, containing the text of the
Act, published by the Ministry of Information and Popular Education,
Prague, 1949.
2
See pp. 24-25 below.

12

TRADE UNION RIGHTS IN CZECHOSLOVAKIA

an active co-operation in the building up of the popular democratic
State, and to ensure them the rights consequent upon this activity, and
to protect their economic, social and cultural interests. The details
will be laid down in decrees.
(b)

Duties Defined by the Rules of the Revolutionary
Movement.

Trade

Union

Fundamental Duties of the Revolutionary Trade Union Movement.
23. On examining the duties of t h e Revolutionary Trade
Union Movement as defined i n the rules adopted by the Second
National Congress of December 1949 1 , t h e character of this organisation as part of the State, which is also the employer, is revealed
still more clearly. I n short, we can see in t h e long list of duties
set out in article 2 of the rules, the following fundamental purposes :
(1) co-operation in building up the Stalinist régime; (2) representation of the workers' interests in so far as these are admitted by
t h e régime; (3) direction of welfare, sanitary and cultural activities
and the education of the workers ; (4) co-operation with the Stalinist
organisations of other countries; (5) publication of papers and
books, management of cultural institutions and canteens; (6)
distribution of allowances t o members.
Functions of Shop and Local

Unions.

24. B u t the list of the duties of t h e Revolutionary Trade
Union Movement seems to be inspired throughout exclusively
by the spirit of pure trade unionism in comparison with t h a t shown
in article 4 concerning organisations 2, adopted b y the same Second
National Congress, which defines the functions of shop unions.
This says—
The group within the undertaking (local) has, in particular, the
following duties :
To awaken the conscience of the members of the Revolutionary
Trade Union Movement and of all workers in the undertaking, to
convert them and ensure their loyalty to the policy of the Revolutionary Trade Union Movement and to the resolutions of its policymaking bodies, to ensure the execution of the said resolutions, to mobilise
the workers to achieve the production standards set and to increase the
productivity of labour, to organise, and support in every way possible,
the propagation of socialist emulation, the idea of shock workers and
innovators and the creative initiative of the workers; to instruct the
workers of the undertaking in the principles of planned economy;
1
2

See p p . 30-32 below.
See p p . 32-33 below.

COMMITTEE ON FREEDOM OE ASSOCIATION : EIGHTH REPORT

13

to lead them toward an active participation in the formulation, execution and control of the economic plan and to see to it that the plans
assigned to the undertaking are regularly carried out and exceeded;
to spot the bottlenecks of production and help in their elimination;
to teach the workers of the undertaking that the execution of the
economic plans constitutes a prerequisite of the raising of their standard
of living and the satisfaction of their material and cultural needs; to
see that the principle of payment by results is introduced and respected
throughout the undertaking and that there is equitable remuneration
for higher production; and to make sure that the standards are more
stringent.
To make agreements with the management of the undertaking on
behalf of the workers in accordance with the directives issued by the
policy-making bodies; to organise and improve the social, sanitary and
cultural services in the interests of the workers and set up necessary
installations to this end; to take care of the health and safety of the
workers; to make the necessary arrangements for the payment of
contributions to the administration of national insurance for the undertaking; to see that the best workers in the undertaking are chosen for
the holiday activities organised by the Revolutionary Trade Union
Movement ; to co-operate in the establishment of all kinds of education
and in the vocational training of young workers ; to contribute, through
the "Labour Schools", to improving the skill of the workers ; to publish
a works magazine for the workers and co-operate closely in the activities
of the Czechoslovak Youth Movement, the Sokols, and to issue
directives for feminist activities. 1
25. Even the few reassuring phrases to be found in the aforesaid list of the duties of the organisation, relating to the safeguarding of the workers' interests, disappear completely when we
come to the qualifications of the management groups. These have
the duty of compelling the worker, whether a trade unionist or
not, to respect the measures taken by t h e management. Has
ever a yellow organisation declared its objectives with such
frankness? With the exception of the Soviet trade unions, of
course.
(c)

Centralisation of Powers in the Revolutionary
Movement.

Trade

Union

26. Only managerial bodies then have the right to put forward
the needs of the workers, in so far as they consider them justified
or they think the satisfaction of them unavoidable. Under these
conditions the fact t h a t the organic structure of the Revolutionary
Trade Union Movement is dominated by a rigorous centralisation
is only to be expected.
1

Odboráf, a weekly for trade union officials, 7 Feb. 1950.

14

TRADE UNION RIGHTS IN CZECHOSLOVAKIA

Provisions of the Rules of the Revolutionary
ment Regarding Component Bodies.

Trade Union Move-

27. The following are the prerogatives of its component bodies
as laid down in the regulations regarding organisation :
Article 32. ...
The Regional Trade Union Council shall ensure the
execution by all branches of the Revolutionary Trade Union Movement
active in the area, of the decisions taken by the higher general and federal
bodies; it shall direct and supervise—particularly by means of regular
instruction—the District Councils and lend them its support in the
accomplishment of the tasks allotted to t h e m . . . .
Article 37. . . . The district Trade Union Council shall carry out the
decisions taken by the policy-making bodies of the Revolutionary Trade
Union Movement. It shall supervise the current affairs of the trade
union groups. In agreement with the Regional Council and the regional
federation committees, it shall give regular instruction to the undertaking groups and the local groups of the Movement and lend
them its
assistance in carrying out the tasks allotted to them... 1 .
28. As to these latter groups, which are the basic elements
of this whole hierarchy, their subordination is fixed by the standard
regulation of the trade union groups, likewise adopted a t the
Second National Congress in December 1949—
Article 11. The Central Trade Union Council, or possibly some body
accredited by it, has the right to stop the execution of resolutions adopted
by the general assembly of the group or by another body of this group,
in cases where this resolution is contrary to the decrees or organisational
directives of the Revolutionary Trade Union Movement or to the
fundamental directives issued by the Central Trade Union Council or
contained in legislative provisions.
Article 12. Only the Central Trade Union Council may make any
change in the rules of an undertaking group (local) of the Movement....
Article 14. The undertaking group (local) of the Movement may be
dissolved—
1. By decision of the General Assembly of the g r o u p . . . .
2. By decision of the Central Trade Union Council.. . 1 .
Provisions of Act No. 68/1951 Concerning Voluntary
and Assemblies.

Organisations

29. Given this centralisation of power, it is hardly necessary
to inquire whether the ruling bodies are elected or nominated.
I t is enough to point out t h a t t h e National Congress, which should
elect the Central Trade Union Council, only meets every three
years. And a n y organisation of an opposition within the Movement during the three years between the National Congress is
1

Odborár, loc. cit,

COMMITTEE OX FREEDOM OF ASSOCIATION : EIGHTH REPORT

15

excluded by virtue of Act No. 68/1951 concerning voluntary organisations and assemblies 1, article 3, paragraph (2) of which imposes
on all authorised organisations the principle of "democratic centralism" in definition of which it says : "A majority of votes is
sufficient to make a decision; the minority submits to the majority;
the resolutions adopted are binding on all the members". Under
these conditions, even if the bodies were elected by a perfectly
democratic procedure, this would only be a matter of form. And
they are not. I n studying the representation of workers in an
undertaking, there will be occasion to make a closer study of the
sinister machinations which deprive the trade unionist of the right
to elect his representatives, while going through the motions of an
election. I t should be added, moreover, t h a t the so-called elected
bodies are furnished with an apparatus composed of paid secretaries
nominated and directed from above.
Provisions of the Rules of the Revolutionary
ment Regarding Personnel.

Trade Union Move-

30. By virtue of Article 8 of the Constitution and Rules of the
Movement 2 , the Central Trade Union Council "decides on all
problems relative to the personnel of the Movement, recruits,
transfers and dismisses all its employees, and fixes their salaries and
remuneration according to the established scale". And the rules
concerning organisation expressly emphasise the choice of secretaries
to the conferences charged with the election of regional and district
councils—
Article 31. . . . It is for the Regional General Conference to approve
the regional secretary proposed by the Central Trade Union Council....
Article 36. . . . It is for the District Council . . . to approve the
proposal of the Regional Trade Union
Council regarding the secretarygeneral of the District Council... 3 .
Other Manifestations

of the Centralisation of Powers.

31. I t is clear then that the precautions taken by the ruling
officials against any stray impulses on the part of the trade unionist
are both astute and numerous. As a machine for dragooning
1
2

See pp. 25-27 below.
The complainant is referring to Article 8(2) (g) of the Constitution and
Rules of the Revolutionary Trade Union Movement which reads as follows :
"8. The Central Trade Union Council.. . . (2) Competence : . . . (g) directs
the Movement's staff policy, i.e., engages, transfers and dismisses the Movement's employees and fixes their wages and emoluments according to the
wage regulations it shall have drawn up ;".
3
Odboráf, loe. cit.

16

TRADE UNION EIGHTS IN CZECHOSLOVAKIA

the workers it could not be bettered. Into the bargain they
see that the Movement itself also includes their superiors—
even the managers. Indeed it is not by chance t h a t all the official
texts regarding the single trade union organisation invariably
employ the terms "labouring classes" (peuple laborieux) or
"labourers" (travailleurs)
a n d never use "workers"
(ouvriers).
I n the popular democratic sociology the category "labouring
classes" or "labourers" embraces both the labour force and the
managing director. Is not this quite natural, since, under this
régime, everyone works according to bis capacities and everyone
is remunerated according t o output? What do a few differences of form matter, such as, for example, the fact that the
manager is remunerated for the output of the worker he bosses,
while the worker is paid for his own output ?
32. The trade union groups within the undertaking being
organised on the principle of "one undertaking—a single organisation" (article 4 of the organisation decree) 1 the worker, in his union,
finds himself watched by the same men who supervise his work.
Is it astonishing, under these conditions, t h a t the principle of
voluntary membership of the single trade union cannot be taken
literally? The weekly publication addressed to the executives
of this organisation informs us t h a t certain undertakings make
members of the single union in the following manner : "They call
at the undertaking and the personnel office gives them the list
of union members; often this or t h a t member finds out t h a t he
is in a trade union organisation because they keep back his contributions from him". 2
Representation Within the Undertaking
(a)

Functions

of Works

Councils.

33. B y virtue of Decree No. 104/1945 3 , the representation of
the interests of the "workers" is assured by organisations, varying
according to the size and nature of the undertaking. The most
common among them is the works council. I t s function is defined
by the aforesaid decree in the following terms :
Article 2. (1) It shall be incumbent upon the management of the
undertaking, which is solely responsible for the business and its success,
1

The complainant seems to be referring to the Regulations for the organisation of the Revolutionary Trade Union Movement (see pp. 32-33).
"Odboráf,
11 Aug. 1950.
8
See pp. 34-36 below.

COMMITTEE ON FREEDOM OF ASSOCIATION : EIGHTH REPORT

17

to direct its operation. The works council cannot interfere with the
operational management by giving orders on its own authority. The
works council and the management shall remain in constant contact
with one another with a view to permanently ensuring its favourable
progress, with an absence of friction.
(2) The works council must endeavour to ensure that the management of the undertaking, as also the workers, make demands and take
measures in accordance with the general economic interest and abstain
from demands and measures which would be contrary thereto.
34. The wording of this Act already proves clearly t h a t the
"workers", whose interests must be represented by the works
council, are once again those defined by popular, democratic
ideology. Now the interests of the real men who work in the
undertakings of the country differ from this description. So
the works councils are bound to oppose them. The economic and
semi-official Prague weekly is certainly not wrong in commenting
on the text of Decree No. 104/1945 in the following terms :
It appears from the decree that the works council upholds, first of
all, the general economic welfare, and after that, the interests of the
workers, in so far as they are reconcilable with the public interest....
Even when it carries out its duties regarding social policy, the works
council must be an impartial body, which by easing relations between
the workers and the management of the undertaking fulfils the function
of a public
body rather than representing purely the interests of the
workers.1
(b)

Election of Members of Works

Councils.

35. What is the procedure to which t h e members of these
councils owe their functions? Are they elected by the workers?
Decree No. 104/1945 provides—
Article 7. (1) The members of the works council shall be elected
by direct and secret ballot from a list of candidates drawn up by the
single trade union organisation. The candidates shall be nominated
to a meeting of the undertaking trade union group. The works council
shall be elected, if at least four-fifths of the members of the personnel
taking part in the election vote in favour of the list.
36. Obviously democracy is understood here in a very original
way : since the elections are held on a single list of candidates the
high percentage of favourable votes demanded for the election
of this list must mitigate this shortcoming. Be it said in passing,
the Czechoslovak worker, having made his first experiment
with this kind of democracy in the spring of 1947, nicknamed it
1

Hospoddf, 17 Oct. 1946.

18

TRADE UNION EIGHTS IN CZECHOSLOVAKIA

"percentage democracy". W h a t is equally striking is t h a t as the
whole of the personnel is supposed to belong to the single union,
the assembly of personnel which elects the works council and the
meeting of trade unionists which selects the candidates are practically identical. Now, while specifying t h a t the personnel meeting
proceeds by secret ballot and t h a t a majority of 80 per cent, is
necessary to elect the works council, the law remains silent regarding
the procedure which the meeting—called in this case "the meeting
of the undertaking trade union group"—must adopt for choosing
the candidates. That is a remarkable and hardly accidental
omission. This, however, is what stands out clearly from the
elaborate directives on this subject by the Presidency of the
Central Trade Union Council—
A nomination committee, elected by the plenary meeting, shall meet
immediately . . . . The nomination committee shall have the duty
of drawing up a draft list of candidates for the impending works council
election and it shall do this in accordance with the principles of the
choice of executives from the point of view of the policy of the executive.
It shall submit the draft list to the plenary meeting . . . .
The vote shall go by acclamation or by show of hands . . . . The
proposal submitted shall be passed if it receives a majority of votes,
taking into account solely votes for and against . . . .
The vote shall be by secret ballot, by voting papers, if at least half
of the members present, and having a right to vote, demand it. In
this case, the voting papers provided by a Revolutionary Trade Union
Movement store shall be distributed to all members who have the right
to vote. These shall write on the voting paper either the words "I
approve" or "I do not approve" and place them in an urn provided for
their reception . . . . If the list of candidates does not thus obtain a
majority of the votes cast, a new vote must be taken by aoclamation.
In this case the vote shall be on each candidate separately. Every
elector present shall have 1 the right to propose an alternative candidate
to any of the candidates.
37. In the light of these instructions, the situation is already
much less obscure. First and foremost, note should be taken of the
discretion with which this text, so detailed in general, deals with
the manner in which the nomination committee is appointed.
And what are these principles by which this important committee shall be guided in drawing up its list of candidates? The
instructions content themselves with the somewhat vague formula
relative to the "policy of t h e executive". Now, to the citizen
of a people's democracy, and to him alone, this phrase already
holds a great significance: the card indexes of the secret police
and the Communist Party, the black lists, etc.
1

Odbordf, 7 Feb. 1950.

COMMITTEE Oîi FREEDOM OF ASSOCIATION : EIGHTH REPORT

19

38. I t may be noted further t h a t the purely verbal distinction
between the personnel meeting and t h a t of t h e undertaking union
group, is no longer senseless in view of these directives. I t allowed,
in fact, the ballot requiring an 80 per cent, majority to be preceded
by a show of hands in which a simple majority was sufficient.
The directive regarding recourse to acclamation, in case the expected
result was not achieved by the ballot, is particularly revealing. I t
should be remembered t h a t at the election of the works council only
members of the personnel take part, who count for the reckoning
of the necessary four-fifths ; those who abstain do not count at all,
not even if they are in the majority. And i t is obvious t h a t all
those who are for the list of candidates approved by the "union
meeting" will also attend the "personnel meeting" to support
them, while those who disapprove, deprived of any possibility of
voting for their own candidates, will tend rather to abstain. Here
is an excellent means of transforming the simple majority extracted
under acclamation, under the eyes of the police system, into an
80 per cent, majority in the secret ballot.
39. What will happen if, despite this scheme, the list of candidates does not get the necessary 80 per cent.? The promulgatory
Decree No. 216/1946 1 , putting into force certain clauses of Decree
No. 104/1945, provides—
Article 29. (1) If the count of the electoral returns shows that a
two-fifths majority of the votes has not been attained (Article 23,
paragraph 3), an electoral committee must be nominated within 14 days
of the count, and at the same time a deputy body, if such a body does not
already exist in the undertaking. In nominating the substitute body,
the competent organ of the single union shall ensure that the minority
which had made its views felt in the election is duly and proportionately
represented.
(2) For the repeat election of the works council, the provisions of
Articles 2 to 28 hold good here also.2
40. Why is a substitute committee to be nominated if the election is to be repeated ? And what will be t h e result if at the new
election the list of candidates still does not succeed? I t is vain to
look for an explanation in the legislative texts. As soon as we
come across the directives of the single union, however, all ambiguity and obscurity disappear—
1
The complainant is referring to the text of the Order of 5 November
1916 issued pursuant to certain provisions of the Decree of 24 October 1945
respecting works councils and undertaking councils (see pp. 34-36 below).
2
Sbirka Zakonû, 1946.

20

TRADE UNION RIGHTS I N CZECHOSLOVAKIA

If the candidate list submitted does not obtain the necessary 80 per
cent., the committee of the undertaking union group shall call, within
14 days, an extraordinary general meeting, according to the directives
above, and shall draw up a new list of candidates for the works councils
bearing in mind the factors which brought about the failure of the first
election. If the list of candidates still does not obtain the 80 per cent.
majority at the second election, the competent Regional Union Council
shall nominate a substitute body for the undertaking according to the
lists of candidates accepted by the extraordinary general meeting.
The substitute body so nominated shall exercise the functions of the
works council.1
41. Thus, contrary t o the provisions of Decree No. 212/1946,
t h e substitute body, far from assuring a proportionate representation t o the opposition, in fact corresponds t o the second defeated list,
which, in its turn, was drawn up, having in view "the factors
which brought about the failure" of the first list. The trick has
now succeeded ; the list of candidates is prepared by a nominating
committee—elected no one knows how—"according to the principle
of choice of executives from the point of view of executive policy" ;
it is approved by the "undertaking union group meeting" by a show
of hands; the list thus approved is submitted to secret ballot at
the "personnel meeting" ; if it does not attract 80 per cent, of the
votes cast, the whole procedure is gona through all ovei again ;
the new list of candidates will be prepared "having in mind the
factors which brought about the failure"; if the new list fails also,
then it will be purely and simply imposed on the personnel by the
Regional Union Council in the form of a "substitute body". I t
should be borne in mind t h a t a t the first elections of this kind,
in the spring of 1947, 87 per cent, of undertakings employing more
t h a n 3,000 hands emerged from them with a "substitute body".
(c) Subordination

of Works Councils to the Single Trade

Union.

42. The legislation concerning representation of the wage
earners in the undertaking does not content itself, however, with
this trick. I t likewise takes precautions in regard to the body
thus imposed upon the workers b y handing it over to the mercy
of the single union whose character has already been ascertained.
This is the main aim of Act No. 42/1948 amending and amplifying
certain provisions of Decree No. 104/1945—
Article 1. (1) . . . The representative body within the undertaking shall be the primary organ and executive of the single trade union.
Article, 10. (2) The mandate of the works council shall end—
1

Odboráf, 7 Feb. 1950.

COMMITTEE ON FREEDOM OP ASSOCIATION : EIGHTH REPORT

21

(c)

by the dissolution of the works council by decision of the single
trade union.
Article 15. Eligibility for membership of the works council shall
be lost—
(e)

by the withdrawal of the mandate of the member of the works council, pronounced by the competent body of the single trade union.

43. By this total subordination of the works councils to what
is called a single trade union, the last traces of representation of
the workers within the undertaking are wiped out.
The Eight to Strike
44. The means of pacific defence having been taken from the
workers and transformed into means of oppression, it is logical
t h a t the workers should tend to resort to direct action. That
is why the strike is the most brutally treated of all means of defence.
Of course one would look in vain for the word "strike" among
those specifying the actions hable to penalty in the popular democratic legislation. Does not this regime claim to be t h a t of the
workers? The fact remains none the less t h a t Penal Act No.
86/1950 1 contains, in the first two paragraphs of Article 85, provisions which quite obviously designate the strike as an action
liable to penalty—and Draconian penalty at that—
Article 85. (1) Whosever does not fulfil a duty of his occupation,
of his employment or his service, infringes or seeks to avoid such an
obligation, or in any other manner commits an action conducive to—
(a) preventing or impeding the implementation or the achievement
of the single economic plan in a given section, or
(b) creating serious disturbance in the work of an office, other organisation or public undertaking, shall be punished by loss of liberty
for a period of from five to ten years.
(2) The guilty person shall be punished by a penalty depriving
him of liberty for a period of from 10 to 25 years—
(a) when he commits the action mentioned under (1) while member
of an association;
(b) when such action has prevented or rendered difficult the implementation or achievement of the single economic plan in a particularly important section;
(c) when the activity of the office or organisation or public undertaking has actually suffered serious disturbance ; or
(d) if there is any other particularly heinous circumstance.2
1
2

See pp. 37-38 below.
Sblrka Zakonû, 1950, No. 39.

22

TRADE UNION RIGHTS IN CZECHOSLOVAKIA

45. The text of Article 85 is sufficiently clear for it to be
obvious t h a t it is indeed the strike which is referred to. And,
so t h a t no doubt can remain, there are several secondary indications
t o confirm this interpretation : first of all, sabotage proper cannot
be the object of Article 85 since it is dealt with in Article 84 of the
same Act, which, in its paragraph (1) applies t o —
. . . whosoever destroys, damages or renders unserviceable the national property or the property of a people's co-operative with the intention of preventing or impeding—
(a) the operation or development of a national or communal undertaking or of any other public undertaking or undertaking belonging
to a popular co-operative, or
(b) the operation of an important public utility undertaking....
46. Further, two previous Acts which related to offences
analogous to those indicated in the said Article 85, expressly specified t h a t they did not apply t o the strike. "A strike shall not
be considered as an action liable to penalty under the provisions
of the present Act." (Article 5 of the Act concerning the protection
of the bi-annual economic plan, No. 27/1947.) On the contrary,
Penal Act No. 86/1950, by which the two above-mentioned Acts
are annulled, knows no such reserve. The reserve regarding
strikes has been annulled, too. The strike, the most important
weapon of the working class against exploitation and oppression,
is thus definitely degraded and has become merely a type of
sabotage.
*
*
*
47. In communicating this information, the Workers' group
requested t h a t it be placed before the Committee on Freedom
of Association when the case was examined again in the light of
developments since the meeting of the Committee in J a n u a r y 1952.

TEXT

or

THE M A I N LEGISLATIVE

AND STATUTORY

PROVISIONS

RELATING TO THE E X E R C I S E OF T R A D E U N I O N R I G H T S I N
CZECHOSLOVAKIA

1

48. The texts of the main legislative and statutory provisions
relating to the exercise of trade union rights in Czechoslovakia
1
The divergences between the texts quoted in this part and those quoted
by the Workers' group of the Governing Body of the I.L.O. are due to
the fact that the latter, in their allegation, employed their own translations,
which have been reproduced. In this part, however, the translations used
are those made within the I.L.O. itself.

COMMITTEE OX FREEDOM OF ASSOCIATION : EIGHTH REPORT

23

and relevant to the complaints presented by the International
Confederation of Free Trade Unions and b y the Workers' group
of the Governing Body of the International Labour Office are
reproduced below.
Right

of Association

and the Single Trade Union

Organisation

49. Provisions concerning the right of association and the
single trade union organisation are contained in the Constitution,
in a number of enactments, and in rules of the Revolutionary
Trade Union Movement. Extracts from these various texts are
set forth in the paragraphs below.
Provisions of the Constitution.
50. Fundamental Article IV and Sections 24 and 25 of the
Constitutional Act (No. 150) of 9 May 1948 1, which relate to the
right of assembly and association, provide as follows :
IV. (1) The sovereign People exercise the State power through
representative bodies, which are elected by the People, controlled by
the People and accountable to the People.
(3) To deal with public matters and to exercise their democratic
rights the People form voluntary organisations, in particular political,
trade union, co-operative, cultural, women's, youth and gymnastic
associations.
24. (1) The rights of assembly and association are guaranteed
in so far as they do not endanger the popular democratic system or
public peace and order.
(2) The exercise of the above rights shall be governed by laws.
25. (1) For the protection of their rights, employed persons may
associate in the united trade union organisation and are entitled to
defend their interests through its intermediary.
(2) The united trade union organisation is assured of extensive
participation in the control of the national economy and in decisions
on all questions relating to the interests of the working population.
(3) The interests of the persons employed in individual works and
offices are represented by the united trade union organisation and its
bodies.
51. These provisions are related to the point raised in the
complaint presented by the Workers' group of the Governing Body
in paragraph 15 of this report.
1
Sbirka zakonù a nafizeni republiky oeskoslovenské, No. 52, 9 June 1948,
p. 1087.

24

TRAPE UNION EIGHTS I N CZECHOSLOVAKIA

Act Respecting the United Trade Union

Organisation.

52. The following is the t e x t of the Act No. 144 of 16 May
1946 respecting the united trade union organisation 1 :
CHAPTER I.

UNITED TRADE UNION ORGANISATION

1. (1) The workpeople in the Czechoslovak Republic shall be
organised in a united trade union organisation, constituted as an association uniting all employees who are Czechoslovak citizens on a basis
of voluntary membership, complete equality and mutual solidarity.
The admission of members who are not Czechoslovak citizens shall be
governed by regulations.
(2) The principal objects of the united trade union organisation
shall be to unite the workpeople, lead them to active participation in
building up a people's democratic state, secure for them the rights to
which such activity gives rise, and defend their economic, social and
cultural interests. Detailed provisions shall be made by regulations.
(3) The united trade union organisation shall continue to use the
name "Revolutionary Trade Union Movement (R.O.H.)" until such
time as the said name is changed by regulations.
2. The united trade union organisation shall have, inter alia, the
following powers and duties :
(a) to direct the organisational development of the trade union movement and issue suitable rules for its organisation and conduct;
( b) sole right to establish and dissolve its trade unions, agencies and
affiliated associations and to direct their activities;
(c) to ensure that every worker enjoys the right to work and (according
to his merit and ability) to such position as will best enable him to
serve the community, to fair remuneration for his work, to rest and
cultural amenities, and to guide the worker so that he may be
enabled to carry out his duties in the people's democracy;
(d) to secure for the workpeople a share in the management and establishment of cultural and social welfare institutions for workers,
and to establish and manage such institutions ;
(e) to carry out a survey of the over-all needs of the workpeople, keep
such survey up to date, prepare a plan of action in accordance
therewith, revise the said plan as required, and make the necessary
arrangements for giving effect thereto;
(f) to establish and maintain contact with, and co-operate with, similar
movements and organisations in other countries and with international institutions, in so far as concerns matters within its competence.
3. In order that the united trade union organisation may carry out
the duties listed above in its capacity as representative of the Czechoslovak workpeople, it shall in particular—
(a) submit proposals and give expert advice with regard to the drafting
and issuing of provisions by the legislative and executive authorities, and with regard to the administration of the social welfare,
1

Sbírka zákonu a nafízení republiky Oeskoslovenské, No. 59, 24 June

1946, p . 1023.

COMMITTEE ON FREEDOM OF ASSOCIATION" : EIGHTH REPORT

25

economic, health a n d cultural authorities wherever t h e interests
of the workpeople are involved;
(b) send representatives of t h e workers, in accordance with t h e provisions in force, t o all public administrative bodies on which seats are
reserved for t h e workers, until such time a s elections t a k e place in
conformity with provisions made therefor.
4. I t shall be t h e d u t y of public authorities, courts of law, insurance
carriers, public institutions a n d corporations, and of t h e s t a t u t o r y
bodies representing t h e employees in each undertaking, t o assist t h e
united trade union organisation in t h e performance of its duties a n d t o
furnish it free of charge with such information a s is absolutely necessary
for its activities unless precluded from so doing by t h e law or other
important considerations.
CHAPTER I I .

G E N E R A L TRANSITIONAL A N D CONCLUDING
PROVISIONS

5. Until such time as t h e united t r a d e union organisation is constituted, the Central Trade Union Council in Prague and, in Slovakia, t h e
Central Organisation of Slovak Trade Unions in Bratislava shall be
deemed to be t h e legal predecessors of t h e united t r a d e union organisation. The rights a n d obligations resulting from all legal acts performed
b y t h e said bodies or affecting t h e said bodies after 5 May 1945 shall
be vested in, a n d be binding upon, t h e united t r a d e union organisation.
11. Commencement : This Act shall come into operation on t h e
d a t e of its promulgation. T h e Minister of Labour and Social Welfare
shall be responsible for its administration, in agreement with t h e Minister
of t h e Interior a n d other Ministers concerned.
53. T h e a b o v e e n a c t m e n t is r e l a t e d t o t h e p o i n t s r a i s e d i n t h e
c o m p l a i n t p r e s e n t e d b y t h e W o r k e r s ' g r o u p of t h e G o v e r n i n g B o d y
i n p a r a g r a p h s 16 a n d 22 of t h i s r e p o r t .
Act Respecting

Voluntary

Organisations

and

Assemblies.

54. T h e following is t h e t e x t of t h e A c t N o . 68 of 12 J u l y 1951
respecting v o l u n t a r y o r g a n i s a t i o n s a n d assemblies 2 :
Voluntary

Organisations

1. For t h e purpose of exercising their democratic rights a n d thereby
strengthening t h e popular democratic system a n d for t h e purpose of
assisting t h e effort t o build u p socialism, t h e people join together in
voluntary organisations, including a unified t r a d e union organisation,
a women's organisation, a y o u t h organisation, a unified popular organisa1
. . . [6-10. Sections 6 to 10 deal with the transfer to the united trade
union organisation of property held by a number of organisations which
existed in Czechoslovakia during the Second World War].
2
Sblrka zákonü a nafizeni republihy oeskoslovenskê, No. 34, 30 July 1951,
p. 215.

26

TRADE UNION EIGHTS IN CZECHOSLOVAKIA

tion for physical training and sports, and cultural, technical and scientific associations.
2. (1) The aims of a voluntary organisation (hereinafter covered
b y the single word "organisation") and t h e method of achieving t h e said
aims shall be laid down in t h e by-laws of the organisation, which shall
also include particulars as t o the n a m e and headquarters of t h e organisation, its sphere of activities a n d i t s internal administration.
(2) The by-laws must be approved before the organisation can come
into existence. The power of approving t h e by-laws shall belong t o t h e
people's committee of t h e region where t h e headquarters of t h e organisation is to be established; if t h e proposed sphere of activities of t h e
organisation extends beyond t h e area of a single region, t h e by-laws
must be approved by t h e Ministry of the Interior.
3. (1) Membership of t h e organisation shall be voluntary; subject
to the by-laws of t h e organisation, a n y person who can contribute by
his participation t o t h e achievement of its aims shall be entitled t o be
a member of t h e organisation.
(2) The structural basis of t h e organisation shall be t h a t of democratic centralism. For t h e adoption of decisions a simple majority of
votes shall suffice, t h e minority submitting t o t h e majority, a n d t h e
decisions adopted being binding for all. The members shall elect t h e
officials of the organisation by democratic methods.
(3) The component units of the organisation shall pursue their
particular aims independently while conforming to the decisions of tho
higher body; federated organisations shall pursue t h e aims for which
t h e y are federated in accordance with t h e decisions of t h e supreme body.
4. (1) The S t a t e shall assist the organisations to develop, create
favourable conditions for their activities and growth, and take care t h a t
life within t h e m proceeds in accordance with the Constitution a n d t h e
principles of t h e popular democratic system.
(2) The above duties shall be carried out b y the people's committees
under t h e direction of t h e Ministry of t h e Interior as regards general
matters relating to t h e activities of t h e organisations, and in other
respects under the direction of the appropriate central d e p a r t m e n t
according t o t h e aims of t h e particular organisation.
5. The following are hereby declared to be organisations within
t h e meaning of this Act : T h e Revolutionary Trade Union Movement,
t h e Unified F a r m e r s ' Federations, t h e Czechoslovak Federation of
Youth, t h e Czechoslovak-Soviet Friendship Federation, t h e Czechoslovak Federation of Women, t h e Czechoslovak Sokol Group a n d the
Czechoslovak Red Cross. The Ministry of the Interior m a y declare
other organisations or societies in existence before 1 October 1951 t o be
organisations within the meaning of this Act.
Assemblies
6. I n accordance with t h e interests of t h e working people the
exercise of the right of assembly is guaranteed to Czech citizens in so
far as t h e popular democratic system a n d public tranquillity and order
are not thereby endangered.
7. The persons convening a n assembly a n d t h e members of its
presiding board shall ensure t h a t order is maintained in t h e assembly;

COMMITTEE ON FREEDOM OF ASSOCIATION : EIGHTH REPORT

27

it shall be the d u t y of each participant to comply with their directions
for the maintenance of order.
General

Provisions

8. The Minister of t h e Interior shall have power t o issue detailed
regulations for carrying out this Act, in agreement with t h e members
of the Government who are concerned.
Transitional

Provisions

9. (1) Societies in existence before 1 October 1951 (hereinafter
referred to as "societies") which pursue their activities in accordance
with the interests of t h e working people m a y be converted into organisations or be merged therewith ; a society m a y also b e converted into some
other suitable formation or be merged therewith. The method of
conversion or merging, a n d likewise the cessation of the remaining
societies and the method of dealing with their property, shall be determined by a general s t a t u t o r y instrument of the Ministry of t h e Interior,
made in agreement with t h e central departments concerned.
(2) A decision of t h e managing board or committee shall be sufficient for the dissolution of a society.
10. (I) Until their conversion, merging or cessation, the societies
shall continue with their activities under their existing by-laws; no
measures of finance t h a t go beyond t h e limits of day-to-day administration shall be t a k e n without t h e prior consent of t h e regional people's
committee or of the officials given authority for such matters by t h e
regional people's committee.
(2) The regional people's committees m a y require the societies to
furnish such information as is needed for appraising the activities of
the societies.
Concluding

Provisions

11. All measures t a k e n before 1 October 1951 which conform to
t h e provisions of this Act shall be deemed to h a v e been t a k e n under
this Act.
12.

The following are hereby repealed :

(a) (Austrian) Act No. 134 of 1867 respecting t h e right of association
and (Austrian) Act No. 135 of 1867 respecting t h e right of assembly,
as subsequently a m e n d e d ;
(b) the Ordinances of t h e Hungarian Ministry of t h e Interior relating
to the rights of association a n d assemblv, including Ordinances
No. 216 of 1848, No. 128 of 1868, No. 1394 of 1873, No. 773 of 1874,
No 1508 of 1875, No. 776 of 1898 and No. 7430 of 1913, as subsequently amended;
(c) Act No. 145 of 1947 respecting t h e organisation of farmers in the
Czechoslovak Republic, in so far as its provisions conflict with those
of this Act.
13. This Act shall come into force on 1 October 1951; it shall be
administered by t h e Minister of t h e Interior in agreement with the
members of the Government who are concerned.

28

TRADE UNION EIGHTS IN CZECHOSLOVAKIA

55. T h e a b o v e e n a c t m e n t is r e l a t e d t o t h e p o i n t s raised in t h e
c o m p l a i n t p r e s e n t e d b y t h e W o r k e r s ' g r o u p of t h e G o v e r n i n g B o d y
in p a r a g r a p h s 17, 20 a n d 29 of t h i s r e p o r t .
Order Respecting

Voluntary

Organisations

and

Assemblies.

56. T h e following is t h e t e x t of t h e O r d e r of t h e Minister of
t h e I n t e r i o r r e s p e c t i n g v o l u n t a r y o r g a n i s a t i o n s a n d assemblies,
N o . 320, d a t e d 20 S e p t e m b e r 1 9 5 1 x :
I n accordance with t h e provisions of sections 8 and 9 of Act No. 68/
1951 respecting voluntary organisations and assemblies, the Minister
of the Interior, in agreement with t h e ministers concerned, decrees as
follows :
Voluntary

Organisations

1. W i t h a view to taking an active p a r t in t h e manifold development
of its social and cultural interests a n d thus contributing to achieving
the transition from a capitalist régime t o socialism through a n unshakable union of t h e workers, farmers and intellectual workers, t h e working
people join in voluntary organisations (hereinafter covered b y the single
word "organisations").
2. (1) The aims of an organisation and t h e method of achieving
t h e said aims shall be laid down in the by-laws of t h e organisation.
(2) The by-laws of a n organisation shall include, inter alia :
Particulars as t o t h e n a m e a n d headquarters of t h e organisation and
its sphere of activities.
Basic provisions respecting membership rules, t h e rights and duties
of members, procedure for acquiring and losing membership of the
organisation.
Provisions respecting the composition, functions and operation of
the supreme body (annual general meeting, congress of delegates).
Provisions respecting t h e composition, functions and operation of
the executive body (governing body, committee, etc.) and t h e operation
of t h e supervisory bodies.
Provisions respecting t h e financial administration of t h e organisation.
Provisions respecting persons competent t o act in t h e name of the
organisation.
Provisions respecting t h e manner in which t h e organisation's decisions shall be notified to members.
Provisions respecting procedure for amending t h e organisation's
by-laws.
Provisions respecting the settlement of disputes within t h e organisation.
Provisions respecting t h e cessation of the organisation and respecting
the subsequent disposal of its property.
Úfedni list republiky Ûeskoslovenské, No. 105, Part I, 4 Oct. 1951.

COMMITTEE OST FREEDOM OF ASSOCIATION : EIGHTH REPORT

29

(3) The by-laws of organisations which include sections shall lay
down conditions for the formation, conversion and cessation of local,
undertaking or other sections.
3. Three certified copies of the draft by-laws shall be submitted to
the people's regional committee for approval; where approval comes
under the jurisdiction of the Ministry of the Interior, five certified copies
of the draft by-laws shall be submitted to the Ministry.
4. ( 1 ) The people's regional council (or the Ministry of the Interior)
shall issue a certificate respecting the approval of the organisation's
by-laws or the by-laws of one of its sections, bearing the name of the
organisation (or section) and its headquarters. The formation of a
section of an organisation may also be authorised by reference to the
by-laws of the organisation concerned.
(2) The particulars as to the name and headquarters of organisations and sections, and as to the persons empowered to act in the name
of the organisation (or section) shall be registered with the people's
committee of the district in which the headquarters of the organisation
(or section) is situated. In Prague this register shall be kept by the
People's Central Committee. The people's committee competent in
the matter of registration shall also be empowered to issue certificates
respecting the legal status of the organisation or its section.
5. (1) When societies set up before 1 October 1951 (hereinafter
referred to by the single word "societies") are converted into organisations or merged therewith, the major task to be accomplished is to
unite the constructive efforts of the working masses and to persuade
members of the usefulness of active participation in the work of the
organisations.
(2) Societies whose aim and structure are such as to allow them to
be converted into organisations may adopt organisation by-laws and
request their approval. Societies with an aim already covered by an
organisation may merge with it, in agreement with the latter. A
society may also merge with a people's co-operative or other institution
or be converted into such an institution (for instance, religious societies
may directly combine into an institution appropriate to the religious
community in question, mutual benefit societies may combine into a
provident fund, etc.).
(3) The people's district committee may decide on the dissolution
of a society if it comes to the conclusion that the continued existence
of the society does not contribute to building up socialism or would be
likely to hinder it and may then make appropriate provisions for the
disposal of the society's property without being bound by the provisions
of the society's by-laws. When the society's property includes premises, such a decision shall contain precise information respecting such
premises and their new owner.
(4) The people's district committee may also take any necessary
steps to have the cessation of the society announced in the press or
by any other means.
Assemblies
6. The people's democratic state broadens the working people's
freedom of assembly to an extent which could never have been attained
under the capitalist system. The people's committees shall nevertheless

30

TRADE UNION RIGHTS IN CZECHOSLOVAKIA

be informed of the holding of assemblies in order that they may watch
over them.
7. People's festivals and demonstrations and assemblies organised
by persons invested with public authority may in principle take place
without prior notification.
8. Organisations may without prior notification organise assemblies
held inside a premises and restricted to members and guests. If an
organisation wishes to organise a public assembly in a premises it shall
notify the people's district committee one week in advance and specify
the programme, place and date of the assembly. The people's regional
committee may grant the organisation general permission to organise
public assemblies without prior notification until further notice.
9. Societies (section 5 (1)) may organise assemblies restricted to
their members without prior notification.
10. In all other cases, assemblies may be organised on condition
that the people's district committee is notified one week in advance of
the programme, place and date of the assembly. Prior notification is
not required for assemblies of worshippers in church or similar premises
exclusively reserved for divine worship; the same shall apply in the
case of processions, church festivals, bridal processions, funerals and
other processions connected with religious observances, where they do
not exceed the normal limits of such manifestations.
11. The people's regional committee may exempt certain assemblies
from the need for prior notification ; it may nevertheless also decide that
certain assemblies which might otherwise be held without prior notification shall be notified to the people's district committee with information as to the programme, place and date of the assembly.
12. The present Order shall be without prejudice to the provisions
of section 5 of Act No. 66/1950 respecting traffic on public highways,
under which permission is necessary for the organisation of demonstrations on or in the neighbourhood of public highways if such demonstrations would be likely to endanger the safety or hold up the flow of
road traffic.
13. This Order shall enter into force on 1 September 1951.
57. The above Order is related to the question of the fate of
associations not included in the list contained in Act No. 68/1951
respecting voluntary organisations and assemblies raised in the
complaint presented b y the Workers' group of the Governing Body
and referred to in paragraph 17 of this report.
Constitution and Rules of the Revolutionary

Trade Union

Movement.

58. The extract from the Constitution and Rules of the
Revolutionary Trade Union Movement x relating to the functions
of the Movement is as follows :
2.

Functions of the Revolutionary Trade Union Movement

It is the responsibility of the Revolutionary Trade Union Movement,
in particular—
1

Odboráf, No. 5, 7 Feb. 1950, p. 153.

COMMITTEE OST FREEDOM OF ASSOCIATION : EIGHTH KEPOKT

31

to perform all the functions conferred upon it by virtue of laws or
regulations ;
to ensure that each wage earner shall fulfil his duty to contribute
to the building of a sociaUst society, that he shall enjoy the right to
work and the periods of rest guaranteed by the Constitution and that
he shall be fairly remunerated according to the quantity and quality
of his output;
to participate in the activities of all the organs of the National
Front and to appoint representatives to the posts reserved to the single
trade union organisation in the organs of the popular administration,
the courts, consultative bodies, etc.;
to take part in the preparation and application of economic plans
and in ensuring that such plans are fulfilled ;
to take steps to ensure increased output and, to this end, to draw
the attention of the workers to political and economic problems, to
develop a "rationalisation" movement, to organise the socialist competitive spirit and the shock workers' movement, to check and raise output standards, to introduce new methods and new organisation of
work in accordance with the principles of the scientific direction of
work, to strengthen labour discipline and to select capable workers with
a view to their promotion to posts of responsibility and management;
to ensure that the needs of the workers are satisfied when legislative
and administrative measures are being drafted and in connection with
the activities of the public administration in the economic, social,
health and cultural fields whenever the workers' interests are affected;
to represent the workers and ensure the defence of their interests, within
the limits of the laws and regulations in force, in their relations with
the courts, public offices, national insurance authorities, and other
persons or legal bodies in respect of all questions connected with their
labour relations;
to ensure the observation of all regulations made for the purpose of
protecting the workers or enacted for their benefit;
to set up and administer social, health and cultural establishments
for the benefit of the workers ;
to ensure the ideological education of the members on the basis of
scientific socialism, to promote the vocational training of the workers
in order to increase output and to make provision to satisfy their cultural
interests in order to ensure the greatest possible participation of the
workers in the cultural life of the nation ;
to ensure the protection of the health of the workers by setting up
sanatoria and convalescent centres and by organising their leisure periods
after working hours;
to ensure labour protection and safety and also to ensure its institution and application in accordance with the legal provisions in force;
to make arrangements for and to develop the provision of foodstuffs
for the workers on a collective basis both inside and outside the undertakings ;
to establish and maintain contacts and to co-operate with similar
movements abroad and with progressive international organisations;
to organise missions abroad in order to establish and strengthen
relations with workers' organisations in other countries; to organise
workers' excursions abroad, in order to strengthen the spirit of solidarity

32

TRADE UNION EIGHTS IN CZECHOSLOVAKIA

of the workers, to broaden their experience and to offer them the
opportunity to utilise their leisure ;
to publish and distribute trade union periodicals and occupational
reviews and to supply the press and radio with information of interest
with respect to all the fields in which the workers carry on their activities ;
to run theatres, to organise theatrical performances, festivals, conferences and public meetings, congresses, competitions, exhibitions,
inquiries, excursions, etc.;
to acquire and operate publishing houses and bookshops;
to acquire and operate hotels and retail liquor stores ;
to afford both ordinary and extraordinary aid to the members.
59. The above extract from the Constitution and Rules of
the Revolutionary Trade Union Movement is related to the points
with respect to the fundamental duties of the Movement raised in
the complaint presented by t h e Workers' group of the Governing
Body and stated in paragraph 23 above.
Regulations for the Organisation of the Revolutionary Trade Union
Movement.
60. The extracts from t h e Regulations for the Organisation
of the Revolutionary Trade Union Movement x relating to groups
in undertakings and local groups and to organs of such groups are
as follows :
4. Orowps in Undertakings and Local Groups
The groups in the undertakings are the basic organs of the Revolutionary Trade Union Movement; they are set up in accordance with the
principle "one undertaking—one organisation" in every independent
undertaking (or office) in which at least 20 wage earners are normally
employed.
If circumstances permit, a group for the undertaking may also be
set up in any undertakings in which less than 20 wage earners are
employed.
The purpose of the Revolutionary Trade Union Movement group in
the undertaking is to contribute to the accomplishment of the tasks
of the Movement. Consequently, it must, in particular, ensure that
each wage earner in the undertaking shall fulfil the duties for which he is
responsible with regard to the building of a socialist society, that he
shall be assured of both work and leisure, that he shall receive fair
remuneration for his work, having regard to its worth, that he may
benefit from social security and from his right to housing, to leisure
periods after working hours and to a cultural life, and to set up and
operate social, health, educational and cultural institutions for the
benefit of the workers.
It is the duty, in particular, of the group in the undertaking (or for
the locality)—
1

Odboráf, No. 5, 7 Feb. 1950, p . 164.

COMMITTEE ON FREEDOM OF ASSOCIATION : EIGHTH REPORT

33

to make known and explain to all members of the Revolutionary
Trade Union Movement and to all the wage earners in the undertaking
the policy of the Movement and the decisions of its superior organs, to
convince them that these decisions are justified and to ensure that they
are implemented, to mobilise the workers to carry out production tasks
and to increase output, to organise and promote in every possible way
the socialist competitive movement, shock workers and "rationalisers"
and to develop the creative initiative of the workers ;
to explain to the workers in simple language the principles of planned
economy, to help them take a direct part in the preparation, application
and supervision of the carrying out of the economic plan and to ensure
that the production plans (operating plans) of the undertaking are
properly fulfilled and even exceeded ;
to pay attention to the position in the undertaking with regard to
production "bottlenecks" and to help in their ekmination ;
to persuade the workers in the undertaking that the carrying out
of economic plans is an essential condition for the raising of their
standard of living and for the satisfaction of their material and cultural
needs and to make arrangements to educate them to this end ;
to ensure the institution and strict application of the principle of
wages according to output and a fair remuneration for output superior
to the standard laid down;
to ensure the gradual raising of output standards;
to conclude with the management of the undertaking, in the name
of the workers, agreements relating to the undertaking in accordance
with the directives issued, in this connection, by the superior organs
of the Movement ;
to organise and improve social, health and cultural services for the
benefit of the workers and to set up the necessary institutions for this
purpose ;
to ensure the protection of the health and safety of the workers ;
to create the necessary conditions to enable the management of
national insurance to be transferred to the undertakings;
to ensure that the best workers in the undertaking shall benefit
from the "recreation" organised by the Movement ;
to ensure that young workers shall be afforded all necessary facilities
for educational and vocational training;
to ensure the improvement of the occupational qualifications of the
workers ;
to publish a paper in the undertaking for the use of the workers;
to establish through the intermediary of those responsible for youth
questions the closest co-operation with the Youth Federation group for
the undertaking and, through the intermediary of those responsible
for cultural questions, with the Sokol organisation; to direct work
among women through the intermediary of those responsible for questions relating to female workers.
5.

Organs of the Revolutionary Trade Union Movement Group in the
Undertaking (or for the Locality)

(a) Statutory assembly and meeting of [members; works council;
workshop council; section delegates.

34

TRADE UNION RIGHTS IN CZECHOSLOVAKIA

(b) Statutory assembly and meeting of members; local council;
delegates from undertakings.
7.

Works Council

The works council is the controlling organ of the Revolutionary
Trade Union Movement group in the undertaking and it has the responsibility, therefore, of settling all questions concerning the group in the
undertaking. At the same time, it is the representatives of the interests
of the workers, in accordance with the regulations in force.
61. The above extracts from the Regulations for the Organisation of the Revolutionary Trade Union Movement are related to
the points with respect to the functions of shop and local unions
and to component bodies of t h e Movement raised in the complaint
presented by the Workers' group of the Governing Body and
stated in paragraphs 24, 25 a n d 32 above.
Representation within the Undertaking
62. The relevant extracts of the Decree No. 104 of 24 October
1945 respecting works councils and undertaking councils 1 , as
amended by Act No. 42 of 20 March 1948 respecting works councils
and undertaking councils 2 are as follows :
CHAPTER I. WORKS REPRESENTATION OE EMPLOYEES

1. (1) The representation of the interests of the employees in an
establishment (hereinafter termed "works representation") shall consist
of the works council, the workers' delegate, the undertaking council or
the substitute organ for works representation. The works representation
shall be a primary and executive organ of the united trade union organisation.
(2) In establishments which normally employ less than three persons,
the general organs of the united occupational organisation shall exercise
the functions of works representation within the terms of subparagraph 1
of section 20. Detailed provisions therefor shall be laid down in a
Government Order.
(3) The functions of the united occupational organisation in respect
of the protection and representation of the interests of the employees
shall not be affected by this decree.
2. (1) The conduct of an establishment shall be the concern of its
managing staff, which shall have the sole responsibility for the enterprise and for its success. The works representation shall not have the
right to intervene in the management and operation of an establishment
1
Sbirka zakonû a nafizenl republiky Ceskoslovenské, No. 47, 27 Oct. 1945,
p. 231.
2
Ibid, No. 19, 10 Apr. 1948, p. 416.

COMMITTEE ON FREEDOM OF ASSOCIATION : EIGHTH REPORT

35

by issuing independent orders. The works representation and t h e
managing staff of an establishment shall maintain constant contact
for t h e purpose of ensuring a t all times t h a t the establishment operates
smoothly a n d without interruption.
(2) The works representation shall strive t o ensure t h a t both t h e
managing staff a n d t h e employees of t h e establishment submit demands
and carry out measures in accordance with t h e common economic
interest and refrain from such demands a n d measures as m a y be harmful
thereto.
CHAPTER I I .

I N S T I T U T I O N AND ORGANISATION OF W O R K S
R E P R E SENTATION

First Part.

Institution

of Works

Representation

3. (1) A works council shall be instituted for each independent
establishment which normally employs a t least 20 employees.
4. I n independent establishments which normally employ less t h a n
20 persons, b u t a t least three persons, a workers' delegate shall be
appointed.
5. (1) I n establishments where a works council is t o be instituted
or a workers' delegate appointed, t h e competent organ of t h e united
occupational organisation shall appoint a substitute organ for works
representation from among t h e employees of t h e establishment until
such time as t h e works council is instituted or the workers' delegate
elected.
(2) The substitute organ for works representation shall carry out
the functions of a works council, or, in appropriate cases, of a workers'
delegate. The manner of instituting a n d organising t h e substitute
organ for works representation shall be laid down in a Government Order.
7. (1) The members of t h e works councils shall be elected by
direct and secret ballot from a list of candidates proposed by t h e united
occupational organisation. The candidates shall be nominated at a
meeting of members of t h e works organisation of t h e said occupational
organisation. The works council shall be deemed t o have been elected
if n o t less t h a n four-fifths of t h e employees t a k i n g p a r t in t h e election
have voted in favour of t h e list of candidates.
(2) The workers' delegate shall be elected b y direct and secret ballot
by an absolute majority of votes cast.
(3) T h e rules governing t h e right t o vote, eligibility, t h e d u t y of
accepting election a n d t h e voting procedure shall be fixed by a Governm e n t Order.
Second Part.

Organisation of Works
Works Councils

Representation—

10. (1) A works council shall cease t o exist—
if t h e number of employees in t h e establishment falls below 20
over a period of three months ;
(b) if t h e establishment permanently ceases t o operate.
(a)

36

TRADE UNION EIGHTS IN CZECHOSLOVAKIA

(2) T h e functions of a works council shall cease—
on the expiration of its t e r m ;
if the number of members and substitutes of the works council
together falls below one-half;
(c)
if t h e appropriate organ of t h e u n i t e d t r a d e union organisation
orders its dissolution; or
(d) if a general meeting has accepted t h e resignation of t h e works
council.
(3) I n t h e cases mentioned u n d e r (a), (b) and (d) of subsection (2),
t h e members of t h e works council shall continue t o carry out their
functions until such time as a new works council is constituted or a
substitute organ set up.
(4) Detailed provisions respecting t h e conditions and consequences
of the termination of existence of a works council or t h e cessation of its
functions shall be laid down by a Government Order.
(a)
(b)

13. (1) The employment of a member of t h e works council may
only be terminated by t h e employer, a n d a member of t h e works council
m a y only be transferred by unilateral decision of t h e management of thé
establishment to another establishment, if the consent of the works
council is first obtained.
(2) If t h e works council refuses its consent, the employer may
request t h e appropriate organ of t h e united trade union organisation to
give its consent, in lieu of the works council, to t h e termination of the
member's employment or to his transfer.
(3) The consent of t h e works council under subsections (1) or (2)
shall also be required for t h e termination of t h e employment of a former
member of t h e works council within two years of his ceasing t o hold
office. Their consent shall not, however, be required where t h e former
member of the works council has been condemned by a valid judgment—
(a) for a felony, or for a misdemeanour or contravention committed
for base or dishonest motives, or for a punishable act against public
morals ;
(b) for a misdemeanour or contravention covered b y t h e Safety of
the Republic Act of 19 March 1923 (8b. No. 50), as amended and
supplemented.
15. Membership of t h e works council shall cease—
when the works council ceases t o exist or its t e r m of office expires ;
on loss of eligibility;
on termination of employment in t h e establishment;
on resignation (if it is approved by t h e appropriate organ of the
united t r a d e union organisation) ; or
(e)
on removal from office b y t h e appropriate organ of t h e united
t r a d e union organisation. 1
(a)
(b)
(c)
(d)

63. T h e a b o v e e x t r a c t s f r o m Decree N o . 104 of 1945 as a m e n d e d
b y A c t N o . 42 of 1948 a r e r e l a t e d t o t h e p o i n t s w i t h respect t o
With regard to the functions of works councils see paragraph 60 above.

COMMITTEE OK FREEDOM OF ASSOCIATION : EIGHTH SEFOKT

37

works councils raised in the complaint presented by the Workers'
group of the Governing Body and analysed in paragraphs 33-43
of this report.
The Right to Strike
64. Provisions affecting the question of the right to strike
are contained in the Czechoslovak Constitution of 9 May 1948 x
and the Penal Acts Nos. 86 2 and 88 3 of 12 July 1950. The relevant
extracts from these enactments are set forth below.
Provisions in the

Constitution.

65. Articles 26, 27 and 32 of t h e Constitution of 9 May 1948
are as follows :
26. (1) All citizens possess the right to work.
(2) This right is secured, in particular, by the organisation of work
directed by the State in accordance with a system of planned economy.
27. (1) All working members of the population possess the right
to just remuneration for the work done.
(2) This right is secured by the State wages policy, which is administered in agreement with the united trade union organisation and
directed towards the constant raising of the standard of living of the
working population.
(3) Remuneration shall be governed by the quality and quantity
of the work and by the benefit which it brings to the community.
32. It is the duty of every citizen to work according to his ability
and to contribute by his work to the benefit of the community.
Provisions in Penal Act No. 86 of 1950.
66. Sections 84 and 85 of Penal Act No. 86 of 12 July 1950
are as follows :
84. (1) Whosoever destroys, damages or renders unserviceable
the national property or the property of a popular co-operative with the
intention of preventing or impeding—
(a) the operation or development of a national or communal undertaking or of any other popular undertaking belonging to a popular
co-operative, or
(b) the operation of an important public utility undertaking will be
punished by loss of liberty for a period of from ten to 25 years.
1
2
3

Sbirka zakonû a nafizenl republiky Ceskaslcmenskê, No. 52, 9 June 1948.
Ibid., No. 39, 18 July 1950.
Ibid., No. 40, 18 July 1950.

38

TRADE UNION RIGHTS IN CZECHOSLOVAKIA

(2) Whosoever joins with others with a view to committing any
of the acts mentioned in subparagraph (1) will be punished in the same
manner.
(3) Any person guilty of any of the foregoing acts shall be punished
by loss of liberty for life or shall suffer the death penalty if—
(a)

he commits any of the acts mentioned in subparagraph (1) as a
member of an association ;
such act has prevented or impeded the putting into effect or
implementation of the Single Economic Plan in a sector of particular importance;
such act constitutes a serious danger to national defence ;
through such act, the lives of several persons have been endangered ;
there are other particularly aggravating circumstances.

(b)
(c)
(d)
(e)

85. (1) Whosoever does not fulfil a duty of his occupation, of
his employment or his service, infringes or seeks to avoid such an obligation, or in any other manner commits an action conducive to—
(a) preventing or impeding the implementation or the achievements
of the Single Economic Plan in a given section, or
(b) creating serious disturbance in the work of an office, other organisation or public undertaking
will be punished by loss of liberty for a period of from five to ten
years.
(2) The guilty person will be punished by a penalty depriving him
of liberty for a period of from ten to 25 years—
(a) when he commits the action mentioned under (1) while member
of an association;
(b) when such action has prevented or rendered difficult the implementation or achievement of the Single Economic Plan in a
particularly important section;
(c) when the activity of the office or organisation or public undertaking has actually suffered serious disturbance; or
(d) if there are any other particularly heinous circumstances.
(3) The guilty person will be punished by loss of liberty for life
or shall suffer the death penalty.. . 1 .
Provisions of Penal Act No. 88 of 1950.
67. Sections 72 and 74 of Penal Act No. 88 of 12 July 1950
are as follows :
Protection of the Bight to Work
72. Whosoever intentionally avoids working or in any other manner
impedes the exercise of the right to work or whosoever, in particular,
impedes, compromises or disorganises the system of work directed by
1

Enumeration of aggravating circumstances.

COMMITTEE ON FREEDOM OF ASSOCIATION : EIGHTH BEPOET

39

the State in conformity with the Economic Plan, as, for example, by
occasioning disturbance in connection with recruitment or distribution
of manpower as provided for under the Plan, will be punished by the
imposition of a fine not exceeding 100,000 crowns or by loss of liberty for
a period not exceeding three months.
Protection of the Right to Fair Remuneration for Work Done
74. Whosoever impedes the exercise of the right to fair remuneration for work done or whosoever, in particular, impedes, compromises
or disorganises the application of the State wages policy, as, for example,
by offering or promising in return for labour, remuneration different
from that prescribed or corresponding to the work done, or by increasing
the remuneration directly or indirectly by awarding material advantages,
will be punished by the imposition of a fine not exceeding 100,000 crowns
or by loss of liberty for a period not exceeding three months.
68. The above extracts from the Constitution and from
Penal Acts Nos. 86 and 88 of 1950 are related to the points raised
under the heading of the right to strike in the complaint presented
by the Workers' group of the Governing Body and analysed in
paragraphs 44-46 of this report.
COMMUNICATION OF COMPLAINTS TO THE GOVERNMENT

69. The complaint presented b y the International Confederation of Free Trade Unions to the Economic and Social Council
was communicated to the Czechoslovak Government for its observations by a letter dated 20 April 1951.
70. As there was no reply to this letter, the Director-General
sent a letter of reminder t o the Czechoslovak Government on
4 December 1951, informing the Government at the same time
of the decisions taken by the Governing Body at its 117th Session
(Geneva, 20-23 November 1951) with respect to the establishment
of the Committee on Freedom of Association and of the amendments made to the procedure for the preliminary examination of
complaints.
71. In accordance with the decision taken by the Committee
at its meeting in January 1952, the Director-General on 22 J a n u a r y
1952 addressed a further letter of reminder to the Czechoslovak
Government, requesting it to forward any observations it might
care to make to the International Labour Office not later t h a n
15 February 1952.
72. No reply having been received from the Czechoslovak
Government by the date of its meeting in March 1952, and a
further complaint having been lodged by the Workers' group

40

TRADE UNION RIGHTS IN CZECHOSLOVAKIA

of the Governing Body, the Committee decided to postpone its
examination of the case and t o communicate the new complaint
to the Czechoslovak Government for its observations with a
request t h a t it should forward its observations not. later than
1 May 1952. I n accordance with this decision, the DirectorGeneral despatched a letter t o the Czechoslovak Government on
20 March 1952. A further letter of reminder was also sent t o the
Government on 3 May 1952.
73. No reply having been received from the Czechoslovak
Government, the Governing Body, at its 119th Session (May
1952), on the recommendation of the Committee, decided—
(a) t o ask the Director-General t o make a further approach
to the Czechoslovak Government on its behalf with a view to
obtaining such observations as it might wish to make concerning
the complaint presented by the International Confederation of
Free Trade Unions and the further complaint presented by the
Workers' group of the Governing Body of the International Labour
Office;
(b) to inform the Economic and Social Council of the United
Kations of the position with regard to this matter.
74. The Director-General communicated this decision of the
Governing Body to the Czechoslovak. Government and to the
Economic and Social Council by letters dated 28 and 27 J u n e
1952 respectively.
75. A further letter of reminder was also sent to the Czechoslovak Government on 14 November 1952.
76.

N o reply was received t o this letter.

77. On the occasion of the discussion of the Sixth Report of
the International Labour Organisation to the United Nations at the
14th Session of the Economic a n d Social Council, the representative
of the Czechoslovak Government, in a speech delivered on 17 July
1952, explained the reasons why his Government had not replied
to the request of the Governing Body Committee on Freedom of
Association for information concerning the complaint brought
forward b y the I.C.F.T.U. against his country.
78.

The relevant passages in his speech were as follows :

The I.L.O. report gave a summary of the work done by the FactFinding and Conciliation Commission on Freedom of Association. The
I.L.O. representative had told the Council that the Government of
Czechoslovakia . . . had not replied to the Commission within the time

COMMITTEE ON FREEDOM OF ASSOCIATION : EIGHTH REPORT

41

limit laid down. The Czechoslovak delegation had stated on many
occasions that the protection of trade union rights was closely linked
with that of fundamental human rights, which devolved upon the
United Nations. If the protection of trade union rights was entrusted
to a special body, such rights were exposed to serious danger. The
Czechoslovak Government had therefore not approved the setting up
of that Commission, whose work was to suppress and not protect trade
union rights in capitalist and underdeveloped countries and in colonies.
The Commission was the instrument of the hostile propaganda against
countries wishing to defend peace. That was the meaning of a decision
taken by the Commission and by the Governing Body as regards an
alleged complaint against Czechoslovakia. The purpose of such propaganda was to seek to hide from the working classes of the capitalist
countries the increasing suppression of trade union rights. It aimed
at opposing the will of the working class in its campaign for the improvement of workers' living conditions and for the maintenance of peace.
That campaign was, however, doomed to failure. The workers of
the world knew the part played by trade unions in countries wishing to
defend peace, especially in Czechoslovakia. They also knew that no
capitalist countries assured to trade unions such freedom as they enjoyed
in the peace-loving countries. The Czechoslovak delegation saw in the
alleged complaint against its country an act of hostile propaganda and
categorically rejected the decision taken by the Commission and the
Governing Body.
The violation of trade union rights in capitalist countries was one
of the forms of war preparation. Capitalist governments wished to
suppress trade unions which disclosed the aggressive plans of those
governments. On the other hand, the effective safeguarding and protection of trade union rights was an integral part of the campaign for
peace. The I.L.O. had helped to suppress trade union rights instead
of standing out strongly in their defence.
The Czechoslovak delegation considered that the I.L.O. by supporting
the violation of trade union rights in capitalist countries, by backing
propaganda directed against countries wishing to defend peace, and
by taking part in manœuvres to destroy the unity of workers, had
docilely become the tool of the warmongers.. . 1 .
79. At its meeting in February 1953, t h e Committee observed
t h a t the complaints had been duly communicated to the Czechoslovak Government, but t h a t the Government, in spite of repeated
requests, had made no reply, and t h a t it appeared from the statements made b y the representative of the Czechoslovak Government
before the Economic and Social Council of the United Nations
t h a t the Government had deliberately refrained from making any
reply. Having regard to the fact t h a t the allegations contained
in the complaints were of a precise character, the Committee
concluded t h a t the case merited further examination by the
Governing Body.
1
UNITED NATIONS, Economic and Social Council : Official Records,
14th Session, 647th Meeting (E/SR. 647).

42

TRADE UNION EIGHTS I N CZECHOSLOVAKIA

80. At its 121st Session (Geneva, March 1953), the Governing
Body approved the Committee's conclusions and decided to
request the Czechoslovak Government to consent to the case
being referred to the Fact-Finding and Conciliation Commission,
asking the Government to send a reply before the 122nd Session
of the Governing Body (29-30 May 1953).
81. The Director-General communicated the Governing Body's
decision to the Czechoslovak Government by a letter dated 9 March
1953.
82. No reply to this letter has been received from the Czechoslovak Government.
CONCLUSIONS

83. According to the procedure a t present in force for the
examination of complaints relating to alleged infringements of
the exercise of trade union rights, with the exception of cases
covered by Article 26 of the I.L.O. Constitution, which it will
be recalled relates to the supervision and application of Conventions ratified by a Member Stabe, no complaint can be referred t o
the Commission without the consent of the government concerned.
If the Governing Body is of the opinion t h a t a complaint should be
investigated it must first seek the consent of the government
concerned. If such consent is n o t forthcoming, the Governing
Body has to give consideration t o such refusal with a view to taking
any appropriate alternative action designed to safeguard the
rights relating to freedom of association involved in the case,
including measures to give full publicity to charges made, together
with any comments of the government concerned, and to t h a t
government's refusal to co-operate in ascertaining the facts and in
any measures of conciliation.
84. I n accordance with this provision the Committee recommends the Governing Body—
(1) to note t h a t the trade union organisation established by
the legislation at present in force in Czechoslovakia is contrary to
the principle of freedom of association contained in the Declaration
of Philadelphia;
(2) to give full publicity to the present report, and to bring it
to the notice of the Economic and Social Council of the United
Nations.

II
T E N T H R E P O R T OF T H E COMMITTEE
ON F R E E D O M OF ASSOCIATION

1. T h e C o m m i t t e e on F r e e d o m of Association m e t a t t h e
I n t e r n a t i o n a l L a b o u r Office, G e n e v a , o n 26 J u n e 1953, u n d e r t h e
c h a i r m a n s h i p of M r . P a u l R a m a d i e r , f o r m e r C h a i r m a n of t h e
G o v e r n i n g B o d y a n d formerly P r i m e Minister of F r a n c e .
2. T h e C o m m i t t e e t o o k n o t e of a t e l e g r a m of 23 J u n e 1953
from t h e Minister of F o r e i g n Affairs of Czechoslovakia t o t h e
D i r e c t o r - G e n e r a l of t h e I . L . O . , received s u b s e q u e n t l y t o t h e
a d o p t i o n b y t h e C o m m i t t e e of i t s e i g h t h r e p o r t f o r m u l a t i n g i t s
r e c o m m e n d a t i o n s t o t h e G o v e r n i n g B o d y c o n c e r n i n g t h e case
r e l a t i n g t o Czechoslovakia.
3.

T h e t e x t of t h i s t e l e g r a m is a s follows :

Mr. David A. Morse,
Director - General,
International Labour Office,
Geneva.
The Czechoslovak Government does not consider t h e Fact-Finding
and Conciliation Commission of the International Labour Organisation
as competent a n d in view of its composition as qualified to act independently on allegations regarding infringements of t r a d e union rights.
The Czechoslovak Government already declared its position in this
matter in t h e statement of its representative at the 12th Session of
the Economic and Social Council which I would reiterate requesting you
t o t a k e note of this and to inform t h e pertinent body accordingly. 1
(Signed)

VACLAV D A V I D ,

Minister of Foreign Affairs of
the Czechoslovak Republic.
1

The statement referred to in the telegram from the Czechoslovak
Government would appear to be a statement made by the representative
of that Government at the 12th Session of the Economie and Social
Council, which is summarised as follows in the Council Official Records :
"81. Air. NOSEK (Czechoslovakia) pointed out t h a t the Belgian and
Swedish joint proposal was based on resolution 277 (X) of the Economic
and Social Council, which referred to a Fact-Finding and Conciliation Commission on Freedom of Association. Under the relevant provisions, the
members of the Commission were to be chosen by the Governing Body of
[Footnote continued overleaf. ]

44

TRADE UNION EIGHTS IN CZECHOSLOVAKIA

4. By this telegram the Czechoslovak Government formally
denies the competence of the Fact-Finding and Conciliation Commission and refuses for this reason to consent to the case relating
to Czechoslovakia being referred to the Commission.
5. The Governing Body will recall that the Committee on
Freedom of Association has already had occasion in an earlier case
(Case No. 12, Argentine Republic), to consider a reservation made
by a government concerning the competence of the I.L.O. to
examine allegations concerning trade union rights. In this case,
the Committee expressed the view t h a t it was not called upon to
examine further the question of the competence of the I.L.O. in
matters of examination of allegations concerning infringements of
freedom of association which might be committed in countries
which are Members of the I.L.O. in view of the fact that this problem had already been the subject of full discussion at the 33rd Session of the International Labour Conference in 1950, at which
session the Conference decided to approve t h e decisions of the
Governing Body and of the Economic and Social Council of the
United Nations concerning the establishment of a procedure of
fact finding and conciliation in matters of freedom of association. 1
6. As is pointed out in paragraph 83 of the Committee's
eighth report, no complaint can be referred to the Fact-Finding
Commission without the consent of the government concerned
unless it is made under Article 26 of t h e Constitution and relates
to the application of a Convention ratified by a Member State.
7. I n view of the fact t h a t the Czechoslovak Government
refuses to give its consent to the case relating to it being referred to
the Fact-Finding and Conciliation Commission, the Committee
considers t h a t the Governing Body should, in accordance with the
procedure in force, "give consideration to such refusal with a
view to taking any appropriate alternative action designed to
the International Labour Office for their competence, and must possess
qualifications enabling them to act with complete independence. I t had
been noted, however, at the 110th and 111th meetings of the Governing
Body of the International Labour Office, t h a t nine of the persons chosen
to be members of the Commission were high-grade civil servants or diplomats,
who in no way represented the trade unions; and it might therefore be
assumed that, so constituted, the Commission was not in a position properly
to carry out its tasks."
(Cf. UNITED NATIONS, Economic and Social Council : Official Records,
12th Session, 448th Meeting, 28 Feb. 1951, p . 88.)
1
Cf. Seventh Report of the International Labour Organisation to the
United Nations, op. cit., Appendix V, Sixth Report of the Committee on
Freedom of Association, Case No. 12 (Argentine Republic), paragraph 186.

COMMITTEE ON FREEDOM OF ASSOCIATION : TENTH REPORT

45

safeguard the rights relating to freedom of association involved
in the particular case, including measures t o give full publicity
to charges made, together with any comments of the government
concerned, and to t h a t government's refusal to co-operate in
ascertaining the facts and in any measures of conciliation".
8. I n these circumstances, the Committee considers t h a t it
must maintain the recommendations which it submitted to the
Governing Body in paragraph 84 of its eighth report.

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